Unlawful Car Repo? MotoNovo

[BRIGADIER2JCS]

Unless you are willing to state exactly what documentation you require, it will difficult for any creditor to decide what is actually PERSONAL DATA which is all that a Subject Access Request is designed to achieve.

 

There are certain items related to any account that are not considered to be personal data e.g. the Deed of Assignment relating to the sale of the account and communications, and data they contain references to any third parties not directly involve in the matter to hand, you may consider that an item/document is personal data but under the Act this may not be so.

[BRIGADIER2JCS]

In one aspect Noddle is correct it cannot change or remove data without leave of the company that provides the data ie the creditor so this must be challenged with them.

#As to notice of dispute Noddle is in a difficult position as the information was not actually reported to it via the creditor it is 2nd hand data from its parent company CallCredit.

 

If you dispute the data they should either place a dispute notice or remove the entry until the dispute is resolved.

 

A complaint to the ICO is the next step.

[BRIGADIER2JCS]

Posted 3rd June 2013

 

 

Is it nearly ready Squaddie ? OP has been very patient.

 

Regards

Andy

[BRIGADIER2JCS]

Can we see this notice of default sums please??

[BRIGADIER2JCS]

So the default sum was just a 'management' charge.

 

No other actual default notice has been received?

[BRIGADIER2JCS]

The credit file entry is not a default notice, it is a report on the status of the account.

Have you placed a 'notice of dispute' on ALL CRA files showing this account?

 

What you really need to be doing is a 'Letter Before Action' laying out as 'bullet points' the errors that have been made and the remedy you seek to rectify the problems, with a fourteen day time limit, otherwise I can see this turning into a prolonged bout of letter tennis.

[BRIGADIER2JCS]

Nothing from squaddie I see!

 

If you need help with a letter just let me know and I'll do it today.

[BRIGADIER2JCS]

OK will do within the next 30 minutes.

[BRIGADIER2JCS]

Hello all,

 

So thinking through the default notice which was applied by MotoNovo, they never sent a "default notice" only a "notice of default sums".

 

I'm looking to send the below letter;

 

Unfair Processing of data

As you will be aware, this account has been in dispute since 12 June 2011 when I wrote outlining my complaint and again on 27 June 2011, I didn’t receive either an acknowledgement or a response to my complaint raised and therefore the dispute is still outstanding.

I do not acknowledge that a “default notice” should have been applied to my Credit File, this is on the basis that MotoNovo did not serve a default notice on me in compliance with Consumer Credit Act 1974.

You will note following disclosure of information provided in response to my Subject Access Request a copy default notice was provided dated 1 February 2010, on reading the agreement notes it is clear that this default notice was served in error.

I have not at any point received a default notice regarding this account which is in direct breach of s87 of the Consumer Credit Act, it is clear that a default notice served under s88 is “necessary” before the owner or creditor can become entitled to, among other key points, “recover possession of any goods or land”.

A default notice has been registered on my credit file along with other errors previously admitted which have seriously damaged my financial reputation.

I am seeking immediate removal of all information from my credit file relating to this agreement and a compensation payment of £1,200 due to the damage the unfair processing of data has caused.

Ok, I think this has to be approached with a Letter Before Action to stop them in their tracks.

 

As this is a credit file problem relating to the display of incorrect information this should be addressed thus:

 

Private & Confidential

The Data Controller

Moto Novo

Ref: use theirs.

Letter Before Action:

Sir/Madam I refer you to the long running dispute regarding this account which Moto Novo have failed to answer.

 

The following points MUST be answered to my satisfaction within 14 (fourteen) days to avoid further action.

 

1. Novo is causing inaccurate and defamatory data on credit reference files held by xxxxxxx credit reference agencies.

 

2.No acknowledgment of or response to my original complaint dated 12th June 2011 and subsequent follow up letters.

 

3. An entry has been made on my credit files showing that Moto Novo has defaulted the account, no compliant default notice has been received at any time. In breach of CCA 1973 section 88.

 

4. There are other inaccurate items shown on CRA files (specify here) this formed part of my original complaint.

 

5. The combination of the wrongfully placed default entry and the specified inaccurate data has resulted in serious impact on my credit profile and my ability to obtain credit from standard sources.

 

Actions Required of Moto Novo to Remedy this Complaint.

1 & 2. Moto Novo WILL remove all adverse data from ALL credit reference agency file to which it has reported the wrongful default.

 

3&4. Moto Novo will confirm in writing that ALL inaccurate data specified above is removed from all records with immediate effect.

 

5. Moto Novo Must now consider financial redress for the damage it has caused to my credit profile and the stress and embarrassment caused by the refusal of credit resulting from the wrongful default placed on the credit reference agency files.

 

I consider that financial redress in a sum of no less that £1200.00 is fair and reasonable in this case.

 

Moto Novo is reminded that this is a LETTER BEFORE ACTION AND A RESPONSE IS REQUIRED WITHIN 14 DAYS.

 

Send by recorded/signed for delivery and check receipt.

[BRIGADIER2JCS]

No Moto Novo have totally ignored all previous complaint, not even an acknowledgment has been sent.

 

No default notice issued either.

[BRIGADIER2JCS]

Moto Novo company policy it seems to reject all complaints and not to acknowledge them a common occurrence.

[BRIGADIER2JCS]

Yes its common, looking at the stats on their website - they don't seem friendly really!

 

I sent off the LBA earlier.

 

If they deal with it as a complaint then fine but after we can submit LBA if needed.

 

Yes a most unpleasant organisation the only way is to force their hand.

 

Keep us posted on the results please.

[BRIGADIER2JCS]

Well done on producing that draft Brigadier........your scales tipped accordingly:yo:

 

Regards

 

Andy

 

Thank you Andy much appreciated.

[BRIGADIER2JCS]

I myself would advise that this has dragged on far too long and without acknowledgment or resolution, the company concerned has a reputation for disregarding complaints.

The letter has been sent I believe.

[BRIGADIER2JCS]

Yes the letter was sent earlier on after it was posted up.

They can explain their position in a response letter and if need be I will issue a further LBA as a final.

From looking at their stats they do disregard complaints - if I need to refer to ICO or look to issue a civil claim against them then this will be a course of action after taking advice from you helpful folk.

 

Thanks all.

 

Good luck orfoster, just come back here if you need anything.

[BRIGADIER2JCS]

You could ''remind' them on Monday that legal action is about to start.

[BRIGADIER2JCS]

I have found the details of the CEO e-mail address online, should I e-mail him a copy of the previous letter and cc the complaints dept advising that court actions is about to commence as I haven't received a response?

 

Good idea.